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- CONSTITUTIONAL ARTICLES*^ &,«-?. 



AND 



LEGISLATIVE ENACTMENTS 



RELATIVE TO 



THE BOARD OF OVERSEERS 



AND 



THE CORPORATION 



OF 



HARVARD UNIVERSITY; 



ALSO 



RULES AND REGULATIONS 



OF 



THE OVERSEERS. 



CAMBRIDGE : 

CHARLES FOLSOM, PRINTER TO THE UNIVERSITY. 

1835. 



At a Meeting of the Overseers of Harvard University, in the Senate 
Chamber, Boston, on Thursday the l^th of February, by adjourn- 
ment from the 6th of February, 1834, 

On motion of the Hon. Judge Davis it was 

Voted, That the President of the University be requested to pre- 
pare a collection of all constitutional articles and legislative enact- 
ments relative to the Board of Overseers and the Corporation of the 
University, and of the rules and regulations of the Overseers, and to 
cause the same to be annexed to his next annual report. 
A true copy. 

Attest. JOHN PIERCE, Secretary. 



To the Honorable and Reverend Board of Overseers 
of Harvard University. 

In fulfilling the duty assigned to him, by the preceding vote, the 
undersigned has found no little difficulty in satisfying his own mind 
as to what might properly be included under the terms " rules and 
regulations of the Overseers ; " many things which have that character 
being only contained in reports of Committees, often combined with 
provisions in their nature temporary, without being drawn out into a 
formal vote, and depending for their validity solely upon the general 
acceptance of such reports. 

From a careful perusal of all the records of the Board, for more 
than a century, he has, however, selected every thing in his judgment 
entitled to the general character of "rules and regulations." These, 
in the subjoined pamphlet, are respectfully submitted by 

JOSIAH UUINCY, 
• President of Harvard University. 



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CONSTITUTIONAL ARTICLES 



AND 



LEGISLATIVE ENACTMENTS. 



I. 

The Act establishing the Overseers of Harvard College. 
At a General Court held at Boston in the year 1642. 

Whereas, through the good hand of God upon us, 
there is a College founded in Cambridge, in the county of 
Middlesex, called HARVARD COLLEGE, for the en- 
couragement whereof this Court has given the sum of four 
hundred pounds, and also the revenue of the ferry betwixt 
Charlestown and Boston, and that the well ordering and 
managing of the said College is of great concernment : 

It is therefore ordered by this Court, and the authority 
thereof, that the Governor and Deputy Governor for the 
time being, and all the Magistrates of this jurisdiction, to- 
gether with the teaching Elders of the six next adjoining 
towns, viz. Cambridge, Watertown, Charlestown, Boston, 
Roxbury, and Dorchester, and the President of the said 
College for the time being, shall, from time to time, have 
full power and authority to make and establish all such 
orders, statutes, and constitutions, as they shall see neces- 
sary for the instituting, guiding, and furthering of the said 
College, and the several members thereof, from time to 
time, in piety, morality, and learning : As also to dispose, 
order, and manage to the use and behoof of the said Col- 
lege, and the members thereof, all gifts, legacies, bequeaths,* 

* [Bequeathalls is the word in the Records of the General Court] 



revenues, lands, and donations, as either have been, are, or 
shall be conferred, bestowed, or any ways shall fall, or come 
to the said College. 

And whereas it may come to pass, that many of the said 
Magistrates and said Elders may be absent, or otherwise 
employed about other weighty affairs, when the said Col- 
lege may need their present help and counsel, — It is 
therefore ordered, that the greater number of Magistrates 
and Elders, which shall be present, with the President, 
shall have the power of the whole : Provided that if any 
constitution, order, or orders, by them made, shall be found 
hurtful to the said College, or the members thereof, or to 
the weal-public, then, upon appeal of the party, or parties 
grieved, unto the company of Overseers first mentioned, 
they shall repeal the said order, or orders, if they shall see 
cause, at their next meeting, or stand accountable thereof 
to the next General Court. 

[Taken from the old Colony laws, printed 1675. Title College, p. 29. Vide 
General Court Records, vol. ii. p. 24.] 



II. 

The Charter of the President and Fellows of Harvard College, 
under the seal of the Colony of Massachusetts Bay, and bearing 
date May 3 Is*, A. D. 1650. 

Whereas, through the good hand of God, many well 
devoted persons have been, and daily are moved, and 
stirred up, to give and bestow, sundry gifts, legacies, 
lands, and revenues for the advancement of all good lit- 
erature, arts, and sciences in Harvard College, in Cam- 
bridge in the County of Middlesex, and to the mainte- 
nance of the President and Fellows, and for all accommo- 
dations of buildings, and all other necessary provisions, 
that may conduce to the education of the English and 
Indian youth of this country, in knowledge and godliness : 



It is therefore ordered, and enacted by this Court, and 
the authority thereof, that for the furthering of so good a 
work and for the purposes aforesaid, from henceforth that 
the said College, in Cambridge in Middlesex, in New Eng- 
land, shall be a Corporation, consisting of seven persons, to 
wit, a President, five Fellows, and a Treasurer or Bur- 
sar : and that Henry Dunster shall be the first President, 
Samuel Mather, Samuel Danforth, Masters of Arts, Jona- 
than Mitchell, Comfort Starr, and Samuel Eaton, Bachelors 
of Arts, shall be the five Fellows, and Thomas Danforth to 
be present Treasurer, all of them being inhabitants in the 
Bay, and shall be the first seven persons of which the said 
Corporation shall consist : and that the said seven persons, 
or the greater number of them, procuring the presence of 
the Overseers of the College, and by their counsel and 
consent, shall have power, and are hereby authorized, at 
any time or times, to elect a new President, Fellows, or 
Treasurer, so oft, and from time to time, as any of the said 
person or persons shall die, or be removed, which said Pre- 
sident and Fellows, for the time being, shall for ever here- 
after, in name and fact, be one body politic and corporate 
in law, to all intents and purposes ; and shall have perpetu- 
al succession ; and shall be called by the name of President 
and Fellows of Harvard College, and shall, from time to 
time, be eligible as aforesaid. And by that name they, and 
their successors, shall and may purchase and acquire to 
themselves, or take and receive upon free-gift and donation, 
any lands, tenements, or hereditaments, within this jurisdic- 
tion of the Massachusetts, not exceeding the value of five 
hundred pounds per annum, and any goods and sums of 
money whatsoever, to the use and behoof of the said Pre- 
sident, Fellows, and scholars of the said College : and also 
may sue and plead, or be sued and impleaded by the name 
aforesaid, in all Courts and places of judicature, within the 
jurisdiction aforesaid. 



And that the said President, with any three of the Fel- 
lows, shall have power, and are hereby authorized, when 
they shall think fit, to make and appoint a common seal, 
for the use of the said Corporation. And the President 
and Fellows, or the major part of them, from time to time, 
may meet and choose such officers and servants for the 
College, and make such allowance to them, and them also 
to remove, and after death, or removal, to choose such 
others, and to make, from time to time, such orders and 
by-laws, for the better ordering, and carrying on the work 
of the College, as they shall think fit : Provided, the said 
orders be allowed by the Overseers. And also, that the 
President and Fellows, or major part of them with the 
Treasurer, shall have power to make conclusive bargains 
for lands and tenements, to be purchased by the said Cor- 
poration, for valuable considerations. 

And for the better ordering of the government of the 
said College and Corporation, Be it enacted by the autho- 
rity aforesaid, that the President, and three more of the 
Fellows, shall and may, from time to time, upon due warn- 
ing or notice given by the President to the rest, hold a 
meeting, for the debating and concluding of affairs concern- 
ing the profits and revenues of any lands and disposing of 
their goods, (provided that all the said disposings be ac- 
cording to the will of the donors :) and for direction in all 
emergent occasions ; execution of all orders and by-laws ; 
and for the procuring of a general meeting of all the 
Overseers and Society, in great and difficult cases ; and in 
cases of non-agreement ; in all which cases aforesaid, the 
conclusion shall be made by the major part, the said Presi- 
dent having a casting voice, the Overseers consenting 
thereunto. And that all the aforesaid transactions shall 
tend to, and for the use and behoof of the President, Fel- 
lows, scholars, and officers of the said College, and for all 
accommodations of buildings, books, and all other necessary 



provisions, and furnitures, as may be for the advancement 
and education of youth, in all manner of good literature, 
arts, and sciences. And further be it ordered by this 
Court, and the authority thereof, that all the lands, tene- 
ments, or hereditaments, houses, or revenues, within this 
jurisdiction, to the aforesaid President or College apper- 
taining, not exceeding the value of five hundred pounds 
per annum, shall, from henceforth, be freed from all civil 
impositions, taxes, and rates ; all goods to the said Corpo- 
ration, or to any scholars thereof appertaining, shall be ex- 
empted from all manner of toll, customs, and excise what- 
soever. And that the said President, Fellows, and schol- 
ars, together with the servants, and other necessary officers 
to the said President, or College appertaining, not exceed- 
ing ten, viz. three to the President, and seven to the Col- 
lege belonging, shall be exempted from all personal civil 
offices, military exercises, or services, watchings, and ward- 
ings : and such of their estates, not exceeding one hundred 
pounds a man, shall be free from all country taxes, or rates 
whatsoever, and none others. 

In witness whereof, the Court hath caused the seal of 
the colony to be hereunto affixed. Dated the one and 
thirtieth day of the third month, called May, anno 1650. 



I.iS.1 



THOMAS DUDLEY, Governor. 



[A copy of the original engrossed on parchment, under the signature of Gover- 
nor Dudley, with the Colony seal appendant, is among the archives of Harvard 
College.] 



III. 

An Appendix to the College Charter, granted by an Act of the 

General Court of the Colony, passed anno 1657. 
At a General Court held at Boston the 14th of Oct. 1657. 

In answer to certain proposals, presented to this Court 
by the Overseers of Harvard College, as an appendix to 



8 

the College Charter it is ordered, The corporation shall 
have power, from time to time, to make such orders and 
by-laws, for the better ordering, and carrying on of the 
work of the College, as they shall see cause, without de- 
pendence upon the consent of the Overseers foregoing: 
Provided always, that the Corporation shall be responsible 
unto, and those orders and by-laws shall be alterable by, the 
Overseers according to their discretion. 

And when the Corporation shall hold a meeting for 
agreeing with College servants ; for making of orders and 
by-laws ; for debating and concluding of affairs, concern- 
ing the'profits and revenues of any lands, or gifts, and the 
disposing thereof, (provided that all the said disposals be 
according to the will of the donors ;) for managing of all 
emergent occasions ; for the procuring of a general meeting 
of the Overseers and Society, in great and difficult cases, 
and in cases of non-agreement ; and for all other College 
affairs to them pertaining, — in all these cases the conclu- 
sion shall be valid, being made by the major part of the 
Corporation, the President having a casting vote : Provid- 
ed always, that in these things also, they be responsible to 
the Overseers, as aforesaid. 

And in case the Corporation shall see cause to call a 
meeting of the Overseers, or the Overseers shall see good 
to meet of themselves, it shall be sufficient unto the validity 
of College acts, that notice be given to the Overseers, in 
the six towns mentioned in the printed law, anno 1642, 
when the next of the Overseers, by reason of the remote- 
ness of their habitations, cannot conveniently be acquainted 
therewith. 



9 



IV. 



At the Second Session of the General Court for Elections, held at 
Boston, 8th of October, 1672, on their Adjournment. 

Whereas by the good hand of God, there has been 
erected and continued a College in Cambridge in the 
county of Middlesex, called by the name of Harvard Col- 
lege, and that by an Instrument or Charter, dated the 
31st of May in the year 1650, the President and Fellows 
thereof were established to be one body corporate by the 
authority of this Court : And whereas several gifts and 
donations have been made, and are still making by many 
well devoted persons, inhabitants of this country, as also 
strangers, for the maintenance of the Governors and the 
government thereof, and for all the accommodations of the 
Scholars thereof, in books, buildings, lectures, scholarships, 
and all other necessary and fitting provisions, that may 
conduce to the education of English and Indian youth: 

Now for the perpetuation and further advancement of so 
good a work, and for the better encouragement of all per- 
sons therein concerned, or to be concerned, it is ordered 
and enacted by this Court and the authority thereof, that 
Leonard Hoare, Doctor in Physic, be the present President 
of said Harvard College, Mr. Samuel Danforth, Fellow of 
the said College, Mr. Urian Oakes, Pastor of the Church of 
Cambridge, Mr. Thomas Shepherd, teacher of the Church 
of Charlestown, Mr. Joseph Brown and Mr. John Richard- 
son, Masters of Art, be the Fellows, and Mr. John Richards 
the Treasurer of the said College and Corporation for the 
time being ; and that the President, Fellows, and Treasurer 
of the said College, or the Fellows alone, when there is no 
President established, and their successors from time to 
time be the immediate Governors thereof, and shall in name 
and fact for ever hereafter be one body politic and corporate 
2 



10 

in law, to all intents and purposes, and shall have perpetual 
succession, having power and authority by these presents, 
(procuring a meeting of the Overseers, and by their counsel 
and consent,) to elect successors into the places of any one 
or more of them which shall be by death or removal made 
vacant: — Be it also hereby authorized and enacted, that 
the said Corporation and their successors shall have the 
power of constituting, and again at their pleasure removing 
all inferior officers to the said Society appertaining, — and 
all the next and immediate government of every member 
of the said Society according to such orders and laws as 
are or shall be established by the said Corporation ; the 
Overseers of the said College allowing or not contradicting 
the said laws, upon notice of them given to them at their 
next meeting. — And also the said Corporation and their 
successors may purchase and acquire to themselves, or take 
and receive upon free gift any lands, tenements, heredita- 
ments, annuities, services, goods, moneys, or other emolu- 
ments whatsoever, or from whomsoever, and (observing 
strictly the will of the donors) dispose of the same to the 
use and behoof of the said College or any members thereof; 
and the President may warn a general meeting of the said 
Corporation for debating any of the affairs aforesaid. — In 
all which cases the conclusion shall be made by the major 
part present, the President having a casting voice. And 
that the said Corporation with their distinct Treasurer (if 
any such be chosen) by the name of the President, Fellows, 
and Treasurer of Harvard College, may sue and plead, or 
be sued or impleaded in all Courts or places of judicature 
within this jurisdiction of the Massachusetts Colony, to all 
intents and purposes in law and with effect, as may any 
private person or body incorporate ; only the estate to the 
Corporation belonging, and not that which belongs proper 
to any member of the said Corporation, being liable to such 
impleadments : also that the said Corporation or any three 



11 

of them, the President being one, in all crimes by the laws 
of this country punishable by one magistrate, shall have the 
full power of sconsing, fining, or otherwise correcting, all 
inferior officers or members to the said Society belonging, 
as the laws of the country provide in such cases, or the 
laws of the College not repugnant unto them : and for that 
end any of the said Corporation shall, and hereby have 
power personally with such aid of the Society as they shall 
think meet, taking the constable along with them, to enter 
into any houses licensed for public entertainment, where 
they shall be informed, or may be suspicious of any enor- 
mities to be plotting or acting by any members of their 
Society ; and all constables and all other inferior civil 
officers in that place are hereby authorized and commanded 
to be readily aiding and assisting to them or any of them in 
the premises. Neither shall any person or persons legally 
expelled the College, abide above ten days in the township 
of Cambridge, unless their parents live in the said township. 
And be it also ordered and enacted by this Court and the 
authority thereof, — that all the lands, tenements, heredita- 
ments or annuities within this jurisdiction, to the said 
Corporation appertaining, not exceeding the value of five 
hundred pounds per annum, shall be henceforth freed from 
all ordinary civil impositions, taxes, and rates, and all goods 
to the said Corporation, or to any scholars thereof apper- 
taining, shall be exempted from all manner of toll, customs, 
and excise whatsoever, except in cases of war, or extra- 
ordinary exigencies of the country. And moreover that the 
said President, Fellows, and scholars, together with their 
menial servants, and other necessary officers, (not exceed- 
ing the number of ten,) shall be utterly exempted from all 
personal and civil offices, military exercises, watchings and 
wardings, or the like public services : And the personal 
estates of the said Corporation and their officers (not ex- 
ceeding one hundred pounds a man) shall be also freed 



12 

from the like country taxes for ever: All and every of 
which premises we do ordain and enact to be fully estab- 
lished for law, any law, grant, or usage to the contrary in 
any wise notwithstanding. 



V. 

Exiracts from the Charter granted to the Province of Massachu- 
setts Bay, by King William and Queen Mary, bearing date the 
seventh of October, in the third year of their reign, anno 1691. 

" Provided nevertheless, and we do for us, our heirs, 
and successors, grant and ordain, that all and every such 
lands, tenements, hereditaments, and all other estates, 
which any person or persons, bodies politic or corporate, 
towns, villages, colleges, or schools, do hold and enjoy, or 
ought to hold and enjoy, within the bounds aforesaid, by, 
or under any grant or estate duly made, or granted by any 
general court formerly held, or by virtue of the letters patent 
herein before recited, or by any other lawful right or title 
whatsoever, shall be, by such person and persons, bodies 
politic and corporate, towns, villages, colleges or schools, 
their respective heirs, successors, and assigns, for ever here- 
after held and enjoyed, according to the intent and purport 
of such respective grant. 

" And we do further, for us, our heirs, and succes- 



sors, give and grant to the said governor, and the great and 
general court of our said province or territory, or assembly, 
for the time being, full power and authority, from time to 
time, to make, ordain, and establish all manner of wholesome 
and reasonable orders, laws, statutes, and ordinances, direc- 
tions and instructions, either with penalties or without, (so 
as the same be not repugnant or contrary to the laws of 
this our realm of England,) as they shall judge to be for the 
good and welfare of our said province or territory, and for 
the g-" r 3rnment and ordering thereof, and of the people 



13 

inhabiting, or who shall inhabit the same ; and for the 
necessary support and defence of the government thereof." * 

* In an Appendix to a Report, published under the authority of the Corpora- 
tion, in the year 1812, the several acts of 1657, — 1672, — and 1691, — are 
thus historically illustrated and commented upon. 

" Such was the difficulty attending the attempt to execute powers so re- 
strained as those in the charter of 1650, — that in October 1657, upon the 
application of the Overseers, the Appendix to the College Charter was estab- 
lished, by which the orders and by-laws of the President and Fellows had 
immediate force and effect ; they being- responsible for the same to the board 
of Overseers. 

"Afterwards the General Court of the colony of Massachusetts Bay appear 
to have intended a new college charter with much larger powers, including a 
measure of civil jurisdiction; and passed the ordinance of 1672." 

" But there is no evidence that the President and Fellows ever accepted 
this charter, or acted under it. They never assumed the name there desig- 
nated of President, Fellows, and Treasurer of Harvard College, but acted 
under the name by which they were originally incorporated. 

" Thus stood the government of Harvard College as established by law until 
the colony charter was vacated in the year 1685. From this time to the 
granting of the provincial charter of William and Mary in the year 1691, no 
successful attempts were made to take away the property of the College or 
defeat its chartered rights, and it continued chiefly under the former Corpora- 
tion. The title of President of the College was changed to that of Rector, by 
Mr. Dudley, the president of the colony under king James II. The president 
of the colony, either with or without his council, sometimes interfered in the 
government of the College, probably claiming to be successors to the governor, 
deputy governor, and magistrates of the old colony of Massachusetts Bay. 

" The provincial charter of 1691 secured to the college its property, as is 
shown by the above extracts." 

" After the grant of the provincial charter, the friends of the College, 
desiring additional powers and privileges for the institution, and apprehensive 
of danger to it from the interference of the governor appointed by the king, 
made several attempts to obtain a new charter for the College. It is stated 
that three several acts of the legislature passed for that purpose, in which the 
board of Overseers was omitted, and as a substitution therefor the number of 
the Corporation was enlarged. But all these attempts proved abortive by the 
disapprobation of the king in council, grounded upon the proposed charter's 
not providing for a visitation of the king by his governor. To remove this 
objection, in the act sent over in 1697, passed under the administration of 
Lieutenant-Governor Stoughton, and in another said to be made in 1700, the 
governor and council were made visitors, but this was not satisfactory. 

" After the failure of these attempts, the friends of the College found it ne- 
cessary to proceed pursuant to the powers, which had been exercised under 
the colony of Massachusetts Bay; and upon the election of President Lev- 
erett, the declaration of the provincial legislature was obtained, " which ap- 
pears in the following extract from the resolve of the provincial General 
Court, passed Dec. 6, 1707. 



14 



VI. 

At a Great and General Court or Assembly for her Majesty's 
Province of the Massachusetts Bay, begun and holden at Boston 
upon Wednesday the 28th of May, 1707. 

Thursday, December 4, 1707. 

In Council. 

" Inasmuch as the first foundation and establishment of 
that House [Harvard College in Cambridge], and the gov- 
ernment thereof, had its original from an act of the General 
Court, made and passed in the year 1650, which has not 
been repealed or nulled, 

The President and Fellows of said College are directed 
from time to time to regulate themselves according to the 
rules of the Constitution, by the act prescribed, and to 
exercise the powers and authority thereby granted for the 
government of that House and support thereof." 

Dec. 6, 1707. Concurred by the Representatives and 
consented to by the Governor JOS. DUDLEY. 



VII. 

The Articles of the Constitution of the Commonwealth of Massa- 
chusetts, confirming and securing to Harvard College the 
perpetual Possession, and Enjoyment of all its Estates, Rights, 
Powers, and Privileges. 

CHAPTER V. 

SECT. 1. 

The University. 

Art. 1. Whereas our wise and pious ancestors, so early 
as the year one thousand six hundred and thirty-six, laid 
the foundation of Harvard College, in which University, 
many persons of great eminence have, by the blessing of 



15 

God, been initiated into those arts and sciences, which 
qualified them for public employments, both in church and 
state : and whereas the encouragement of arts and scien- 
ces, and all good literature, tends to the honor of God, the 
advantage of the Christian religion, and the great benefit 
of this, and the other United States of America : — It is 
declared, that the President and Fellows of Harvard College 
in their corporate capacity, and their successors in that 
capacity, their officers and servants, shall have, hold, use, 
exercise, and enjoy, all the powers, authorities, rights, 
liberties, privileges, immunities, and franchises, which they 
now have, or are entitled to have, hold, use, exercise, and 
enjoy: And the same are hereby ratified and confirmed 
unto them, the said President and Fellows of Harvard 
College, and to their successors, and to their officers and 
servants, respectively, for ever. 

Art. 2. And whereas there have been, at sundry times, 
by divers persons, gifts, grants, devises of houses, lands, 
tenements, goods, chattels, legacies, and conveyances, 
heretofore made, either to Harvard College in Cambridge 
in New England, or to the President and Fellows of Har- 
vard College, or to the said College by some other descrip- 
tion, under several charters successively: It is declared, 
that all the said gifts, grants, devises, legacies, and convey- 
ances, are hereby for ever confirmed unto the President and 
Fellows of Harvard College, and to their successors in the 
capacity aforesaid, according to the true intent and meaning 
of the donor or donors, grantor or grantors, devisor or de- 
visors. 

Art. 3. And whereas by an act of the General Court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the Governor and 
Deputy Governor for the time being, and all the magistrates 
of that jurisdiction were, with the President, and a number 
of the clergy in the said act described, constituted the 



16 

Overseers of Harvard College : And it being necessary, in 
this new constitution of government, to ascertain who shall 
be deemed successors to the said Governor, Deputy Gov- 
ernor, and magistrates ; It is declared, that the Governor, 
Lieutenant-Governor, Council, and Senate of this Common- 
wealth are, and shall be deemed their successors; who, 
with the President of Harvard College for the time being, 
together with the ministers of the congregational churches 
in the towns of Cambridge, Watertown, Charlestown, Bos- 
ton, Roxbury, and Dorchester, mentioned in the said act, 
shall be, and hereby are vested with all the powers and 
authority belonging, or in any way appertaining to the 
Overseers of Harvard College : Provided, that nothing 
herein shall be construed to prevent the legislature of this 
Commonwealth from making such alterations in the govern- 
ment of the said University, as shall be conducive to its 
advantage, and the interest of the republic of letters, in as 
full a manner, as might have been done by the legislature of 
the late province of Massachusetts Bay. 



VIII. 

The Statute of the Commonwealth, anno 1809, ch. 113, entitled 
" An Act to alter and amend the Constitution of the Board of 

Overseers of Harvard College." 

Whereas the members of the Board of Overseers of 
Harvard College, as heretofore constituted, cannot conven- 
iently nor constantly attend to the diligent discharge of 
the duties enjoined on it : 

Sect. 1. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled, and 
by the authority of the same, That the Governor, Lieutenant- 
Governor, Counsellors, President of the Senate, and Speak- 
er of the House of Representatives of the Commonwealth, 
and the President of Harvard College for the time being. 



17 

with fifteen ministers of congregational churches, and fif- 
teen laymen, all inhabitants within the state, to be elected 
as is herein after mentioned, shall for ever hereafter consti- 
tute the Board of Overseers of Harvard College ; they, or 
the major part of them, present at any legal meeting, to 
exercise and enjoy all the rights, powers, and privileges, 
and to be subject to all the duties of the existing Board of 
Overseers of Harvard College : Provided however, that 
all the ministers of congregational churches who are mem- 
bers of that Board shall remain members of the Board of 
Overseers established by this act, so long as they shall 
continue ministers respectively of their congregational 
churches, and no longer. 

Sect, 2. Be it further enacted, That as soon as conven- 
iently may be, after this act shall be in force, the present 
Secretary of the Board of Overseers, or, if that office be 
vacant, the President, or a major part of the Fellows of 
Harvard College, shall call a meeting of the Overseers of 
Harvard College, to be holden at some suitable time and 
place, for electing fifteen laymen, inhabitants of the state, 
to be members of the Board of Overseers ; the said meet- 
ing to be notified by publishing the time and place of hold- 
ing the same, in each of the public newspapers printed in 
Boston, ten days at the least before the time of holding the 
same ; and the said elections to be made by ballot, by the 
major part of the Overseers present : And all persons who 
then, if this act had not been in force, would have been 
members of the Board of Overseers of Harvard College, 
shall have right to meet and vote in the said elections. 

Sect. 3. Be it further enacted, That the Board of Over- 
seers, as constituted by this act, may, at any legal meeting, 
choose by a majority of votes, a Secretary, when that office 
shall be vacant, who shall be under oath truly to record all 
the votes and proceedings of the Board, and faithfully to 
discharge all the duties of his office ; and the said Board 
3 



18 

may, at any legal meeting, by a majority of votes, deter- 
mine from time to time, when and in what manner its 
meetings shall be held, called, and notified ; and at any 
legal meeting of the said Board, the Governor, if present, 
shall preside ; if not, the Lieutenant-Governor, if present, 
shall preside ; in their absence, the oldest member of the 
Council present shall preside ; if they also be absent, the 
President of the Senate shall preside, if present ; but in his 
absence also, the Speaker of the House of Representatives 
shall preside ; and if neither of them be present, the great- 
er part of the Overseers present at such meeting shall 
choose a President pro tempore, and until one of the offi- 
cers aforesaid shall be present : Provided nevertheless, that 
the Secretary of the Overseers shall have power to call a 
meeting of the said Board, at such times as he shall be 
thereto requested by the President and Fellows of Har- 
vard College, such meeting to be notified as the said Board 
shall direct. 

Sect. 4. Be it further enacted, That when any minister 
of any congregational church, being a member of the said 
Board, shall cease to have the ministerial relation he now 
has,_or may have had at the time of his election ; or when 
any member of the elective part of the said Board shall re- 
move out of the state, the place of such minister or mem- 
ber shall thereupon become vacant. And the said Board 
may at any legal meeting, by a vote of the greater number 
present, remove from his place any member of the elective 
part of the said Board, who shall neglect to attend the 
meetings thereof, without reasonable excuse, when duly 
notified, or who by his immoral conduct shall have rendered 
himself unworthy of holding his place ; but before any vote 
shall pass to remove any member, he shall have reasonable 
notice, and a fit opportunity to be heard in his defence. 

Sect 5. Be it further enacted, That for establishing a 
perpetual succession in the elective part of the said Board, 



19 

whenever a vacancy shall happen therein, by death, resig- 
nation, or otherwise, the Overseers may, at a legal meeting, 
by a majority of the votes present, fill up such vacancy, by 
electing therefor some suitable person, who shall be an in- 
habitant of the state. Provided however, that no minister 
of any congregational church shall be so elected, when 
there are fifteen ministers of congregational churches mem- 
bers of the elective part of the said Board ; nor shall any 
layman be so elected, when there are fifteen laymen mem- 
bers of the elective part of the said Board ; but in all cases, 
when there are fifteen ministers and fifteen laymen, mem- 
bers of the elective part of the said Board, there shall 
not be deemed to be any vacancy therein. 

Sect, 6. Be it further enacted, That this act shall be in 
force when the Overseers of Harvard College, as hereto- 
fore constituted, and the President and Fellows of Har- 
vard College shall agree to accept the provisions in this act 
contained. 

In the House of Representatives, March 5, 1810. 
This bill, having had three several readings, passed to be 
enacted. TIMOTHY BIGELOW, Speaker. 

In Senate, March 6, 1810. 

This bill, having had two several readings, passed to be 
enacted. H. G. OTIS, President. 

March 6, 1810. 
Approved, C. GORE. 

At a meeting of the President and Fellows of Harvard 
College in Boston, March 16, 1810, 

The President, having laid before the President and Fel- 
lows of Harvard College an exemplification, under the 
great seal of the Commonwealth, of a certain act passed 



20 

by the General Court at the last session thereof, entitled, 
"An act to alter and amend the constitution of the Board 
of Overseers of Harvard College," in the sixth section of 
which act, it is enacted as follows : " This act shall be in 
force when the Overseers of Harvard College, as hereto- 
fore constituted, and the President and Fellows of Harvard 
College shall agree to accept the provisions in this act con- 
tained ; " and the said act having been read, and the pro- 
visions therein duly considered, it is unanimously voted, 

That the President and Fellows of Harvard College do 
agree to accept the provisions in the said act contained ; 
and it is farther voted, 

That the President be requested to lay the aforesaid vote 
before the Honorable and Reverend the Board of Over- 
seers of Harvard College. 

Attest. SAMUEL WEBBER, President. 

At a meeting of the Overseers of Harvard College, April 
12, 1810, the proceedings of the Corporation and act of the 
legislature above stated being laid before the Board, the 
Board voted to accept the provisions in said act contained. 

JOHN LATHROP, Secretary. 



IX. 

An Act to repeal an Act, entitled " An Act to alter and amend the 
Constitution of the Board of Overseers of Harvard College" 
and to regulate certain Meetings of that Board. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That an act made and passed the 
seventh day of March, in the year of our Lord one thou- 
sand eight hundred and ten, entitled, " An act to alter and 



21 

amend the constitution of the Board of Overseers of Har- 
vard College," be, and the same is hereby repealed ; and 
the Board of Overseers from and after the passage of this 
act shall be constituted in the same way and manner, and 
be composed of the same persons, and no others, that it 
would have been, had the same act never been made or 
passed. 

Sect. 2. Be it further enacted, That there shall be a 
meeting of the Board of Overseers of Harvard College, as 
the same will be constituted after the passing of this act, 
on the second Wednesday of the first session of the Gene- 
ral Court, annually, in the Senate-chamber, at three o'clock 
in the afternoon, unless otherwise ordered by the said 
Board of Overseers, if the General Court shall remain so 
long in session ; and at such other times and places as the 
said Board shall order ; at which annual meeting it shall be 
the duty of the Secretary of said Board, at the first meet- 
ing thereof, to lay before them the records and proceedings 
of the Corporation of Harvard College, and of the said 
Board of Overseers, which have been had since the passing 
of the act aforesaid, which is hereby repealed, and in like 
manner all the proceedings which may have been had by 
said Corporation and Board of Overseers shall be laid be- 
fore them, at their next succeeding meeting, to be held 
agreeably to the provisions of this act. 

In the House of Representatives, February 28, 1812. 
This bill, having had three several readings, passed to 
be enacted. W. E. RIPLEY, Speaker. 

In Senate, February 28, 1812. 

This bill, having had two several readings, passed to be 
enacted. 

SAMUEL DANA, President. 

Council Chamber, February 29, 1812. 
Approved, E. GERRY. 



22 
X. 

An Act to restore the Board of Overseers of Harvard College, and 
to maJce an Addition thereto. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That an act made and passed on 
the twenty-eighth day of February, in the year of our 
Lord one thousand eight hundred and twelve, entitled " An 
act to repeal an act, entitled, 'An act to alter and amend 
the Constitution of the Board of Overseers of Harvard 
College,' and to regulate certain meetings of that Board," 
be, and the same is hereby repealed. 

Sect. 2. Be it further enacted, That the Senate of this 
Commonwealth shall be, and they hereby are added to the 
Board of Overseers, constituted by an act made and passed 
on the fifth day of March, in the year of our Lord one 
thousand eight hundred and ten, entitled " An act to alter 
and amend the Constitution of the Board of Overseers of 
Harvard College," and shall, together with the persons 
mentioned in the said last-mentioned act, hereafter consti- 
tute the Board of Overseers of Harvard College ; they, or 
the major part of them present at any legal meeting, to 
exercise and enjoy all the rights, powers, and privileges, 
and to be subject to all the duties of the Board of Over- 
seers, constituted under the said last-mentioned act. 

Sect. 3. Be it further enacted, That this act shall be in 

force, when the Overseers of Harvard College, constituted 

by the last-mentioned act, and the President and Fellows 

of Harvard College, shall agree to accept the provisions of 

'this act. 

In the House of Representatives, February 26, 1814. 
This bill, having had three several readings, passed to be 
enacted. TIMOTHY BIGELOW, Speaker. 



23 

In Senate, February 28, 1814. 

This bill, having had two several readings, passed to be 
enacted. JOHN PHILLIPS, President 

Council Chamber, February 28, 1814. 
Approved, CALEB STRONG. 

At a meeting of the President and Fellows of Harvard 
College, March 10, 1814. 

The President having laid before the President and Fel- 
lows, an attested copy of a certain act, passed by the 
General Court at the last session thereof, entitled " An act 
to restore the Board of Overseers of Harvard College and 
to make an addition thereto," in the third section of which 
act it is enacted as follows : " This Act shall be in force 
when the Overseers of Harvard College, constituted by 
the last-mentioned act," that is to say, an act passed 
March sixth, in the year of our Lord 1810, "and the 
President and Fellows of Harvard College shall agree to 
accept the provisions of this act," and the said act having 
been read, and the provisions therein duly considered; 
it is unanimously voted, 

That the President and Fellows of Harvard College 
do agree to accept the provisions in the said act contained ; 
and it is farther voted, 

That the President be requested to lay the aforesaid vote 
before the Honorable and Reverend the Overseers of Har- 
vard College designated in said act, and that the Secretary 
be requested to call a meeting of said Overseers on the 
17th day of March, 1814. 

J. T. KIRKLAND, President 

At a meeting of the Overseers, March 10, 1814. 

The act of the General Court, passed February 28, 
1814, entitled "An act to restore the Board of Harvard 
College, and to make an addition thereto," in the third sec- 



24 

tion of which act it is enacted as follows : " This act shall 

be in force when the Overseers of Harvard College, as 

constituted by the act of March 1810, and the President 

and Fellows of Harvard College shall agree to accept the 

provisions of this act ; " and the said act having been read 

and the provisions therein duly considered, it is voted 

that the Overseers do accept the provisions in said act 

contained. 

Attest. JOHN LATHROP, Secretary. 



RULES AND REGULATIONS 



OF 



THE OVERSEERS 



i. 

At a Meeting of the Overseers, 1718, Nov. 12. 
Voted, That the votes of the Overseers should be writ- 
ten in a book by themselves, and that the book should 
be produced at the Overseers' meetings. 

[Records of the Overseers, Vol. I. page 15.] 

II. 

At a Meeting of the Overseers, 1722, August 14. 
Voted, That the Clerk of the Overseers for the future 
give due notifications to the Overseers of the appointment 
of their meetings, and of the time and place thereof, agreea- 
bly to what the act constituting the Overseers and the 
Appendix to the Charter (made A. D. 1657) requires. 

2d. That, upon the desire of five of the Overseers, sig- 
nified in writing under their hands, for a meeting, his 
Excellency the Governor or the Commander-in-chief, for 
the time being, shall be first acquainted therewith, in order 
to his giving direction to the Clerk of the Overseers for 
summoning the members accordingly. 

[Records, Vol. I. page 36.] 

HI. 

At a Meeting of the Overseers, 1722, August 30. 

Voted, That the Clerk of the Overseers, from time to 
time and as soon as conveniently may be, deliver to the 
President an attested copy of the votes of the Overseers, 
to be by him communicated to the Corporation. 

[Records, Vol. I. page 39.] 



26 



IV. 



At a Meeting of the Overseers, 1740, Oct. 7. 

Voted, That, for the more regular and certain meetings 
of the Overseers' Committees for the future, from time 
to time the Committees chosen by the Overseers at 
their stated half-yearly meetings, to inquire into the state 
of the College, &c, shall meet in the College Library that 
day fortnight at ten in the morning before the stated half- 
yearly meeting of the Overseers next ensuing, and that, a 
fortnight at least before said stated Committee meeting, 
the Clerk shall cause to be delivered to the Chairman of 
the Committee a copy of the Overseers' vote, appointing 
them to make the said inquiry, and that the said Chairman 
shall, a week before the stated Committee meeting, notify 
the same to all the rest of the Committee. 

[Records, Vol. I. page 186.] 

V. 

At a Meeting of the Overseers, 1741, June 4. 

A Committee report, That in addition to the crder made 
by the Overseers, August 30, 1722, for the more certain 
efficacy of the Overseers' votes, we propose to the Overseers 
to make a further order, that for the time to come their Clerk 
shall, within a week next after the Overseers' meeting, from 
time to time, deliver to the President an attested copy of 
those votes which the Overseers recommend to the consider- 
ation of the President, or of the Corporation, as also deliver 
an attested copy of all other votes respecting other persons, 
to the persons concerned, and that said Clerk shall make 
report of his so doing to the next meeting of the Overseers 
from time to time. 

The above report of their Committee was accepted by the 
Overseers, 

[Records, Vol. I. page 189.] 



27 



VL 



At a Meeting of the Overseers, 1753, April 24. 

Voted, That, when the Overseers recommend any thing 
to the Corporation, a copy of the said Overseers' vote be 
given by the Clerk to the President, for him to lay it before 
the Corporation. 

[Records, Vol. II. page 27.] 

VII. 

At a Meeting of the Overseers, 1757, April 27. 

Voted, That the 3d article of the Committee's Report 
respecting the Clerk's being directed, within four days from 
the appointment of any Committee of the Board, to serve 
the Chairman of such Committee with a copy thereof, &,c. 
be confirmed by the Overseers. 

Voted, That the 4th article of the Report, " that, at the 
opening of every semi-annual meeting of the Overseers, 
the votes of the preceding semi-annual meeting be pub- 
licly read," be confirmed by the Overseers. 

[Records, Vol. II. page 45.] 

Voted, That the 7th article of the Report, respecting the 
Overseers appointing a number of them to be a Quorum, 
was not passed by the Overseers ; but it was voted, that, 
whensoever any nine of the Overseers of the College that 
judge it needful that a meeting of the Overseers should be 
had, it shall be lawful for them, by writing under their 
hands directed to their Clerk, to cause such a meeting to 
be warned, and held at the College at such time and for 
such purposes as in such writing shall be expressed ; and 
all matters transacted at such meeting shall be deemed and 
accounted valid as if passed at any of their stated meetings; 
and the Clerk of the Overseers is directed to notify such 



28 

meeting accordingly, in time and manner as has been usual. 
Voted unanimously. 

[Records, Vol. I. page 46.] 

VIII. 

At a Meeting of the Overseers, 1759, April 24. 

Voted, That the 6th article of the Report, viz., That 
there always be presented an attested copy of such votes 
of the Corporation as are laid before the Overseers for their 
confirmation, was accepted by the Board. 

[Records, Vol. II. page 59.] 

IX. 

At a meeting of the Overseers, 1762, July 21. 

Voted unanimously, That the Overseers will not re- 
ceive any votes from the Corporation about giving degrees 
on Commencement day, but such as shall be ready to be 
presented on or before 10 o'clock in the forenoon on said 
day, and that the grounds and reasons for conferring occa- 
sional degrees be laid before the Board as well as the 
Corporation. 

Records, Vol. II. page 127.] 

X. 

At a Meeting of the Overseers of Harvard College, 30th Sept. 
1776, at the Council Chamber in Watertown. 

Voted, That it be recommended to the Corporation, 
whenever they make choice of any person to sustain any 
office in the College, that they give notice to the Secretary 
of the Board of Overseers, that he may either lay it before 
the Board at one of their meetings, or insert it in the notifi- 
cation for the meeting at which it is to be considered, seven 
days at the least before such election be passed upon by 
the Overseers. 

[Records, Vol. III. page 101.] 



29 



XL 



At a Meeting of the Overseers, 1777, Oct. 7. 

The Committee take the liberty to recommend to this 
Board a more strict attention to the vote passed at their 
meeting, Sept. 30, 1776, That the election of any person 
to sustain any office in the College be laid before the 
Board at one of their meetings, or inserted in the notifica- 
tion for the meeting at which it is to be considered, at least 
seven days before such election is passed upon by the 
Overseers; as such previous notice is necessary in order to 
the Overseers satifying themselves of the qualification of 
the person elected. 

Voted, That this report be accepted. 

[Records, Vol. III. page 119.] 

XII. 

At a Meeting of the Overseers, 1787, March 26. 

Voted, That, for the time to come, when the consent of 
this Board shall be asked to a vote of the Corporation, 
electing any person to be a governor or instructer in the 
College, or conferring on any person an honorary degree, 
the decision shall be by ballot. 

[Records, Vol. III. page 340.] 

XIII. 

At a Meeting of the Overseers, 1790, May 4. 

The Committee recommend, that future meetings of 
Overseers be notified by printed messages left at each one's 
house, instead of verbal or written messages as heretofore 
adopted. 

They also recommend, that the Secretary of the Board 
attend all future meetings of the visiting Committees, and 
keep a record of all their proceedings in a separate book. 

Voted to accept this Report. 



30 

Voted, That, for the time to come, the reports of Com- 
mittees appointed to inquire into the state of the College, 
and the doings of the Overseers thereon, be recorded by 
the Secretary in a separate book and lodged with the Pres- 
ident. 

[Records, Vol. IV. page 44.] 

XIV. 

At a Meeting of the Overseers, 1793, May 7. 

Considering that by the alterations annually made in 
the Council and Senate, the names of the members of the 
Board of Overseers are imperfectly known to each other, 
and there is not a proper rotation observed in the choice of 
Committees, it is recommended, that the Secretary always 
have a correct list of the members ready to be produced 
at every meeting, from which list the Committees may be 
nominated. 

Read and accepted in the Board of Overseers, 

[Records, Vol. IV. page 130.) 

XV. 

At a Meeting of the Overseers of Harvard College by adjourn- 
ment at the Council Chamber in Boston, May 24th, 1810. 

The Committee appointed at the last meeting to con- 
sider the powers and duties of the Board of Overseers, the 
existing regulations for the government of the said Board, 
and what farther regulations may be expedient, made the 
following Report, viz. 

The Committee appointed the 17th inst. to consider the 
powers and duties of the Board of Overseers, the existing 
regulations for the government of the said Board, and what 
farther regulations may be expedient, have attended that 
service, and report, 



31 

That the powers and duties of the Board of Overseers, 
as one branch of the College Government, are pointed out 
in sundry acts and instruments, among which, besides the 
Constitution of the Commonwealth, are the following, — 

1st. An act establishing the Overseers passed by the 
General Court in Boston, 1642. 

2d. The Charter granted to the President and Fellows 
of Harvard College, under the seal of the Colony of Mas- 
sachusetts Bay, bearing date, May 30, A. D. 1650. 

3d. The Appendix to the Charter granted by an act of 
the General Court of the Colony, passed A. D. 1657. — 
Copies of which acts and instruments, with extracts from 
the Charter granted to the province of Massachusetts Bay 
by King William and Queen Mary, A. D. 1691, accompany 
this Report. 

The existing regulations for the government of said 
Board are contained in the records of the meetings and in 
the printed Laws of the College ; — among them are the 
following. 

Besides meetings to be always called and held as deter- 
mined by the vote of the Board at any legal meeting, and 
also w 7 hen requested by the President and Fellows, it is 
moreover ordered, that whenever any nine of the Overseers 
of the College shall judge it needful that a meeting shall be 
had, it shall be lawful for them by writing under their hand 
directed to the Clerk (Secretary) to cause such meeting to 
be warned and held at the College, at such time and for 
such purposes as in such writing shall be expressed. 

In addition to the meeting of the Board on Commence- 
ment day, the existing regulations provide for two stated 
meetings in every year, viz., one on the first Tuesday in 
May, the other on the fourth Tuesday in October. 

It is ordered that a Committee be semi-annually appointed 
to inquire into the state of the College; also, two Commit- 
tees to attend the examination of the students, one to 
5 



32 

examine the Treasurer's accounts, and one to join a Com- 
mittee of the Corporation for the purpose of inspecting the 
Library, Philosophical Apparatus, Medical Rooms, Cabinet, 
and Museum, 

The method of notifying meetings is by written or print- 
ed messages, left at the house, or delivered into the hands, 
of each member of the Board belonging to either of the six 
neighbouring towns. 

The Committee recommend that the same rules with re- 
gard to holding, calling, and notifying meetings which have 
heretofore been adopted shall be observed in future, with 
this addition, — That the written or printed notifications 
shall be sent to all the elected members, also to the Gover- 
nor of the Commonwealth, the President of the Senate, 
and Speaker of the House of Representatives, whenever 
the Council or the General Court be in session. The 
Committee also propose that the Committee of the Over- 
seers, annually appointed to inspect the Library, Philoso- 
phical Apparatus, Medical Rooms, Cabinet, and Museum, 
shall be instructed to inspect the Colleges and ascertain 
their internal and external state, with a view to repairs or 
alterations that may at any time be necessary or expedient. 

JOHN T. KIRKLAND, per order. 

The Report having been considered, and such parts ex- 
plained as were objected to by some of the Board at first 
reading, 

Voted, That the Report be accepted. 

[Records, Vol. V. page 260.] 

XVI. 

At a Meeting of the Overseers, 1812, June 25. 

The Committee appointed on the 9th instant to consider 
and report rules and orders with respect to holding, calling, 
and notifying meetings, of the Board, made the following 
Report : — 



33 

That the Board adopt the same time and places of meet- 
ing for the present Board of Overseers, which were ap- 
pointed by the late Board of Overseers, pursuant to their 
vote of May 24, 1810, with the following addition, viz. — 

And a farther meeting of the said Board at every meet- 
ing of the Legislature, on the second Wednesday of said 
session, at three o'clock in the afternoon in the Senate 
Chamber, if the Legislature shall remain so long in session. 

SAMUEL DANA, Chairman. 

Voted to accept the Report. 

[Records, Vol. VI. page 4.] 

XVII. 

At a Meeting of the Overseers, 1822, May 7. 

Voted, That, in addition to the usual notifications of the 
meetings of the Board of Overseers, it shall be the duty 
of the Secretary to publish notifications thereof, in at least 
two of the newspapers printed in Boston ; and such notifi- 
cations shall be published at least seven days previous to 
such meetings, except in those cases, in which the urgency 
of the business to be transacted shall require a shorter 
notice. 

[Records, Vol. VII. page 443.] 

XVIII. 

At a Meeting of the Overseers, 1825, January 21. 

The following standing rules were unanimously adopted. 

1st. That the semi-annual meetings of this Board shall 
hereafter be holden in Boston, on the second Thursday of 
each of the regular sessions of the Legislature, and with 
the permission of the Senate, in the Senate Chamber. 

2d. That, in addition to the Reports now required, there 
shall be laid before the Board, at its meeting in January, a 
6 



34 

statement of the expenses of the Institution during the 
preceding College year, and an estimate of its expenses 
for the next year. 

3d. That no election of a member of this Board shall be 
made, nor shall the appointment of any member of the 
Corporation, or of a permanent Professor, be ratified by this 
Board, excepting at a meeting holden in Boston during 
some session of the Legislature. 

[Records, Vol. VII. page 92.] 

XIX. 

At a Meeting of the Overseers, 1825, June 10. 

Ordered, That, whenever any vacancy shall occur in this 
Board, by death, resignation, or otherwise, notice shall be 
given thereof, at some meeting of the Board holden in 
Boston, while the Legislature is in session ; and a nomina- 
tion list shall remain open, during the whole of the same 
session, upon which every member of the Board may insert 
the name of any one person, whom he may wish to fill the 
vacancy. And no election shall be made of any person to 
fill such vacancy until the next meeting of the Board, which 
shall be holden at Boston, during the next ensuing session 
of the Legislature. 

Ordered, That the order of this Board, respecting the 
filling of vacancies, passed in 1816,* be, and the same is 
hereby repealed. 

Voted, That this Report be accepted. 

Voted, That at future meetings of the Overseers, during 
the session of the General Court, the Secretary be requir- 
ed to send notices to the Governor, asking him to invite the 
attendance of the Honorable Council ; to the Lieutenant- 

* No such " order " appears, on the Records of the Overseers, to have been 
passed in the year 1813. A Report of a Committee of the Board was communi- 
cated, March 7th of ihat year, on the subject of filling vacancies ; but it does not 
appear that the Report was accepted, or that any order was passed thereon. 



35 

Governor ; to the President of the Senate, asking him to 
invite the attendance of the Honorable Senate ; to the 
Speaker of the House of Representatives, and to the per- 
manent Members of the Board who are not of the Council 
or Senate. 

[Records, Vol. VII. page 233.] 

XX. 

At a Meeting of the Overseers, 1832, February 23. 

The Committee of the Board of Overseers of Harvard 
College, appointed on the 12th of January last, to inquire 
whether any, and, if any, what modifications of the standing 
rules it may be expedient to make, respectfully report the 
following Rules and Orders, which they recommend for 
the consideration and adoption of the Board. 

Submitted by order of the Committee. 

JOSIAH QUINCY, Chairman. 

1st. The annual meeting of this Board shall be hereafter 
hold en in Boston, on the second Tuesday of each of the 
regular sessions of the Legislature ; and, with the permis- 
sion of the Senate, in the Senate Chamber. 

2d. There shall be laid before the Board at this meeting, 
by the President, a statement, authenticated by the Treas- 
surer, of the expenses of the Institution during the past 
College year, and an estimate of its expenses for the cur- 
rent year. 

3d. No election of a member of this Board shall be 
made, except at the annual meeting in January, or at an 
adjournment of that meeting to a time within the same 
session of the Legislature. For this purpose, whenever 
any vacancy shall occur in this Board, by death, resignation, 
or otherwise, notice shall be given thereof by the Secretary 
of the Board, at the first meeting next succeeding the oc- 
currence of such vacancy ; and thereupon a nomination-list 



36 

shall be opened, upon which every member of the Board 
may write the name of any person, whom he may wish to 
fill such vacancy. And no election shall be made of any 
person to fill such vacancy, until the next meeting of the 
Board to be holden at Boston during the session of the 
Legislature, nor until fourteen days after notice of such 
vacancy has been given, as aforesaid, and no ballots shall be 
received for any person not on the nomination-list. 

4th. No appointment of any member of the Corporation 
or of any permanent Professor, shall be ratified by this 
Board except at a meeting holden in Boston during a ses- 
sion of the Legislature, nor without the lapse of at least 
seven days between the time of the presentation of such 
appointment for concurrence and its ratification, unless the 
Board, for special reasons, by vote in which three fourths of 
the members present shall concur, determine to proceed to 
take up the question of concurrence with such appointment 
immediately. 

5th. There shall be appointed, at every annual meeting 
of the Board in January, three general and six special 
Committees. The General Committees shall be as follows. 

(1.) A visiting Committee to consist of twelve members, 
of which the Governor, Lieutenant-Governor, President of 
the Senate, and speaker of the House of Representatives 
shall be ex officio members ; and the remaining eight shall 
be chosen, two from the Council, two from the Senate, two 
from the clerical, and two from the lay elective members of 
the Board. 

The duty of this Committee shall be to visit the Uni- 
versity, at the Spring Exhibition on the first Tuesday of 
May, and at the Autumn Exhibition on the third Tuesday 
of October, to inquire into its state, to consider what may 
tend to increase its reputation and usefulness, and to nomi- 
nate suitable persons to receive the incomes of Madam 



37 

Mary Saltonstall's and Mrs. Joanna Alford's legacies, and to 
report at the annual meeting in the succeeding January. 

(2.) A Committee to visit the Library, the Philosophical 
Apparatus, the Medical, Chemical, and Anatomical depart- 
ments, and to report at the next annual meeting ; to consist 
of at least nine members. 

(3.) A Committee on the Treasurer's accounts, to con- 
sist of at least three members. 

The Special Committees shall be as follows : 

(1.) A Committee to examine the Students in Latin, 
Greek, and Hebrew; to consist of at least jive members. 

(2.) A Committee to examine the Students in Modern 
Languages, to consist of at least five members. 

(3.) A Committee to examine the Students in Grammar? 
Rhetoric, and the Philosophy of Language, to consist of 
at least six members. 

(4.) A Committee to examine the Students in Mathe- 
matics, Natural Philosophy, and Astronomy, to consist of at 
least six members. 

(5.) A Committee to examine the Students in Chemis- 
try and Natural History, to consist of at least six members. 

(6.) A Committee to examine the Students in Intellect- 
ual and Moral Philosophy, to consist of at least six mem- 
bers. 

After mature consideration, and a few alterations and 
amendments, the Report as above recorded, was accepted. 

[Records, Vol. VIII. page 105.] 



38 



At a Meeting of the Overseers, 1835, January 15. 

The Committee appointed on the 13th of February, 
1834, to inquire into the expediency of making further 
provision by By-law for calling special meetings of this 
Board, Report the following By-law. 

Special meetings of the Board shall be called by the 
Secretary, upon application made to him, in writing, by the 
President and Fellows, or by nine or more members of the 
Board, setting forth the time, place, and objects of such 
meeting. And the Secretary upon the receipt of such 
application, shall, seven days at least before the time of 
such meeting, deliver or send to each member of the 
Board, a written or printed notice thereof, expressing the 
time, place, and objects of such meeting. Provided that 
during the Session of the General Court, such notice being 
delivered or sent as aforesaid to the Governor and Presi- 
dent of the Senate, with a request that the same be com- 
municated by them to the Council and Senate respectively, 
shall be deemed sufficient notice to the members of those 
bodies. And provided further, that, in cases of great 
urgency, notices for such meetings shall be sufficient, if 
delivered or sent as aforesaid, three days before any such 
meeting. And all former By-laws for calling and notifying 
special meetings of the Board, are hereby repealed. 

IRA BARTON, 
SAM. P. P. FAY, 
JAS. SAVAGE, 
A. H. EVERETT, 
BENJ. SHELDON, 
CHAS. LOWELL, 

December 29, 1834. 

January 15, 1835. Read and accepted. 

Attest. JOHN PIERCE, Secretary. 



Committee. 



Erratum. — Page 35, line 10, for second Tuesday read second Thursday. 



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